Urgent Help Court Order

[Guest]

I got this court order today:

UPON the Court noting this claim relates to data processing AND UPON it being unclear whether the Claimant has referred the matter to the Office of the Information Commissioner(OIC) for determination ORDER: 1. Claim transferred to the County Court at Reading. 2. Claim stayed until the Claimant files at the County Court at Reading correspondence with the OIC to confirm that this matter has been reported to the OIC, and the outcome of any referral/complaint. 3. If the Claimant does not file relevant correspondence by 4 pm on October 2024, or explain why there is no such referral and correspondence, the Court may consider striking out the claim. 4. The file is to be referred to a Judge for directions on receipt of correspondence from the Claimant, or promptly after October 2024, whichever is earlier. This applies to both parties

Before 4pm October 2024

2 Your case will be dealt with on the small claims track.



3 A judge issued this order without a hearing. If either party wants to apply for it to be cancelled, changed or put on hold, they must do so before 4 pm on 07 May 2024.

Here is my question:

The issue is that the defendant has changed its privacy policy to look like a mere data processor and not a joint controller hence my guess is that the Office of the Information Commissioner(OIC) might just look at it and say he is a data processor and not liable.

What can I do?

[echat11]

The Judge / Court has Ordered you to do something, so I don't think 'whatever we say' will help, in that you still have to carry out the Judge's instructions.

The ICO has a online advice chat facility, before you lodge a formal complaint, you can seek clarification on the question you pose.

[atticus]

Agreed. You either comply with the order or, in accordance with the second of the paragraphs numbered 3, you apply to set it aside. If you do neither, your case may be struck out.

NB what is the date in October specified in some parts of the order?

[Guest]

Agreed. You either comply with the order or, in accordance with the second of the paragraphs numbered 3, you apply to set it aside. If you do neither, your case may be struck out.

NB what is the date in October specified in some parts of the order?

24th

If I apply to set it aside, what could be the ground especially as the court might still be interested in knowing ICO input/outcome?

[atticus]

I have no idea. You asked what you can do, and I pointed out your options.

If this second option is not viable, then you stick with the first.

[echat11]

When did they change the following?

Was it as a direct result of your complaint?

'the defendant has changed its privacy policy to look like a mere data processor and not a joint controller'

[Guest]

When did they change the following?

Was it as a direct result of your complaint?

' The defendant has changed its privacy policy to look like a mere data processor and not a joint controller'

Yes. It was after my complaint and after I pointed out that their privacy policy clearly shows they are a controller. And then they update the privacy policy.

[echat11]

Yes. It was after my complaint and after I pointed out that their privacy policy clearly shows they are a controller. And then they update the privacy policy.

So have you got a screenshot of the previous Privacy Policy?
And have you taken a screenshot of the current privacy Policy?

[Guest]

So have you got a screenshot of the previous Privacy Policy?
And have you taken a screenshot of the current privacy Policy?

Yes I do

[echat11]

Yes I do

So you demonstrate the Privacy Policy was changed after your complaint, you provide copies of both screenshots.
Clearly the one of interest for the ICO, Judge and Court is the initial Privacy Policy.

[Guest]

So you demonstrate the Privacy Policy was changed after your complaint, you provide copies of both screenshots.
Clearly the one of interest for the ICO, Judge and Court is the initial Privacy Policy.

Thank you for this. Much appreciated.